Design Problem definition
Design Problem means a condition that results, or will result, from Alterations that are proposed, being performed or have been completed that either:
Design Problem means and refer to any design criteria which would (a) adversely affect the Building structure or Building systems; (b) be in non-compliance with codes or other applicable laws; (c) be seen from the exterior of the Premises; (d) cause material interference with Landlord or other tenants of the Building (other than as typical for construction of improvements), or (e) affect the certificate of occupancy or its legal equivalent for the Building or any portion thereof.
Design Problem is defined as, and shall be deemed to exist if there could be (i) an effect on the exterior appearance of the Building, (ii) an adverse effect on the Base Building (including without limitation the Building Structure), (iii) an adverse effect on the Building Systems or the operation and maintenance thereof, or (iv) any failure to comply with Applicable Laws or Code. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that Tenant’s security systems are fundamental to its business operations in the Premises, and Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, to permit such security systems to be installed in the Premises in accordance with Tenant’s reasonable security requirements. Landlord further acknowledges that the Improvements may include data center, cafeteria and exercise facilities, and that Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, in Tenant’s design of such facilities.
Examples of Design Problem in a sentence
No material changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be withheld unless a Design Problem exists.
If Tenant is so advised, Tenant shall promptly cause the Final Space Plan to be revised to be complete and to eliminate any Design Problem.
Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Space Plan for the Premises if the same is unsatisfactory or incomplete in any respect; provided, however, Landlord shall only disapprove such Final Space Plans to the extent of a Design Problem.
If Tenant is so advised, Tenant shall immediately revise the Final Construction Documents to cause them to be complete and to eliminate any Design Problem.
No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, provided, however, that Landlord may only disapprove of any such change to the extent the necessary to eliminate a Design Problem (as requested and approved, a “Tenant Change”).
More Definitions of Design Problem
Design Problem is defined as, and shall be deemed to exist if there could be (i) an affect on the exterior appearance of the Building, (ii) a material, adverse affect on the Base Building portions of the Premises Buildings (including without limitation the Building Structure), (iii) a material adverse affect on the Building Systems or the operation and maintenance thereof, or (iv) any failure to comply with Applicable Laws.
Design Problem means the Final Plans are deemed by Landlord in its good faith judgment to likely (i) have an adverse effect on the structural integrity of the Building; (ii) cause possible damage to any of the Building systems (such as HVAC, fire life safety, plumbing, electrical, data/communication, mechanical, or security systems); (iii) be in non-compliance with applicable codes; or (iv) have an adverse effect on the exterior appearance of the Building.
Design Problem is defined as the applicable Alteration: (i) materially and adversely affecting the Building Structure or Building floor loads; (ii) materially and adversely affecting the Building Systems (or the reasonable industry-standard third-party manufacturer’s specifications for the Building Systems); (iii) unreasonably interfering with any of Master Landlord’s normal and customary business operations at the Building or Project or other tenants’ or occupants” use or enjoyment of their premises, systems and/or equipment, provided that such use and enjoyment is for normal and customary purposes in an office/telecommunications building that do not unreasonably interfere with Tenant’s operations permitted under and conducted in compliance with the TCCs of this Lease; (iv) creating a dangerous or hazardous condition; and/or (v) failing to comply with Applicable Laws or any other provisions of this Lease (including, without limitation, Section 7 of the Summary). Notwithstanding anything to the contrary set forth herein, the existing improvements, alterations, systems and equipment in the Premises shall not be deemed to create a Design Problem if such Design Problem exists as a result of any action by Landlord or Master Landlord on or after the Lease Commencement Date. Additionally, without limiting the foregoing, during the Lease Term (as may be extended), Tenant shall not require Landlord’s or Master Landlord’s consent to (a) repair the Premises or to install, repair, replace, supplement or modify any telecommunications and/or Colocation systems and/or equipment within the Premises, provided such repairs, systems and equipment do not affect the Building Structure and would not result in a Design Problem, or (b) perform non-structural changes, modifications, additions and alterations to the Premises that do not affect the Building Structure or Building Systems and would not result in a Design Problem (collectively, the “Non-Structural Alterations”). Except in connection with Permitted Alterations that do not result in a Design Problem, and except as set forth in the preceding sentence, Landlord’s and Master Landlord’s consent shall be required for Tenant to make alterations to the Premises which affect the Building Structure or the Building Systems (collectively, the “B/S Alterations”), which consent or approval shall not be withheld by Landlord (and Landlord shall cause Master Landlord to not withhold its consent), unless a Design Problem exists. Permitted Alterations,...
Design Problem is defined in Section 8.1.
Design Problem means and will be deemed to exist if any Tenant Improvement could (i) affect the exterior appearance of the Building, (ii) affect the Building Structure, (iii) adversely affect the Building Systems, (iv) unreasonably interfere with any other occupant’s normal and customary office operation or (v) fail to comply with applicable Laws, or (vi) adversely affect the certificate of occupancy issued for the Building. Tenant and Architect shall verify, in the field via visual inspection, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Drawings as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in this Lease shall specifically apply to the Construction Drawings.
Design Problem means a condition which will (i) have an effect on the structural integrity of the Building; (ii) not be in compliance with Code; (iii) have an adverse effect on the systems and equipment of the Building; (iv) have an effect on the exterior appearance of the Building; and/or (v) unreasonably interfere with the normal and customary business operations of other tenants or occupants of the Building or Project. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings. Landlord shall advise Tenant within five (5) business days after Landlord’s receipt of the Final Working Drawings for the Premises if the same is unsatisfactory or incomplete in any respect. If Tenant is so advised, Tenant shall immediately revise the Final Working Drawings in accordance with such review and any disapproval of Landlord in connection therewith.
Design Problem is defined as, and shall be deemed to exist if there could be (i) an affect on the exterior appearance of the Building, (ii) a material, adverse affect on the Base Building portions of the Premises Buildings (including without limitation the Building Structure), (iii) a material adverse affect on the Building Systems or the operation and maintenance thereof, or (iv) any failure to comply with Applicable Laws. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that Tenant’s security systems are fundamental to its business operations in the Premises, and Landlord shall reasonably cooperate with Tenant, at no material extra cost to Landlord, to permit such security systems to be installed in the Premises in accordance with Tenant’s reasonable security requirements.